Multi-Party Dispute Resolution, Democracy and Decision-Making PDF Download

Author: Carrie Menkel-Meadow
Publisher: Routledge
ISBN: 1351916513
Category : Law
Languages : en
Pages : 357

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Book Description
The articles selected for this volume draw on game theory, political science, psychology, sociology and anthropology to consider how the process of dispute resolution is altered, challenged and made more complex by the presence of multiple parties and/or multiple issues. The volume explores issues of coalition formation, defection, collaboration, commitments, voting practices, and joint decision making in settings of increasing human complexity. Also included are examples of concrete uses of deliberative democracy processes taken from new applications of complex dispute resolution theory and practice. The selected essays represent the latest theoretical advances and challenges in the field and demonstrate attempts to use dispute resolution theory in a wide variety of settings such as political decision making and policy formation; regulatory matters; environmental disputes; healthcare; community disputes; constitutional formation; and in many other controversial issues in the polity.

Author: Carrie Menkel-Meadow
Publisher: Routledge
ISBN: 1351916521
Category : Law
Languages : en
Pages : 602

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Book Description
The articles selected for this volume draw on game theory, political science, psychology, sociology and anthropology to consider how the process of dispute resolution is altered, challenged and made more complex by the presence of multiple parties and/or multiple issues. The volume explores issues of coalition formation, defection, collaboration, commitments, voting practices, and joint decision making in settings of increasing human complexity. Also included are examples of concrete uses of deliberative democracy processes taken from new applications of complex dispute resolution theory and practice. The selected essays represent the latest theoretical advances and challenges in the field and demonstrate attempts to use dispute resolution theory in a wide variety of settings such as political decision making and policy formation; regulatory matters; environmental disputes; healthcare; community disputes; constitutional formation; and in many other controversial issues in the polity.

Author: Carrie J. Menkel-Meadow
Publisher: Aspen Publishing
ISBN: 1543803105
Category : Law
Languages : en
Pages : 819

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Book Description
Dispute Resolution: Beyond the Adversarial Model, Third Edition provides a comprehensive look at the current state of ADR. For each area of Negotiation, Mediation, Arbitration, and Hybrid processes, the text incorporates four key aspects: the theoretical framework defining the process; the skills needed to practice it; the ethical issues implicated in its use and how to counsel users of such processes; and legal and policy analyses, with questions and problems within the text. New to the Third Edition: A shorter, more compact book designed to be student-friendly Exercises and discussion problems throughout Designed for one chapter to be covered each week of a typical ADR course The latest on Online Dispute Resolution, Dispute System Design, Supreme Court decisions on arbitration, and empirical work on mediation and negotiation Professors and students will benefit from: Comprehensive, current coverage. The theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of contemporary ADR practice—Negotiation, Mediation, Arbitration, and hybrid and multi-party processes and their appropriate uses—are thoroughly covered using a rich range of up-to-date cases and readings. Authored by the leading scholars and teachers in the field of Dispute Resolution. The authors are award winning and recognized for their scholarship, teaching, practice, policy making, and standards drafting throughout the wide range of particular ADR processes. Practical approach to problem-solving. The text engages students as active participants in resolving human and legal problems, using individual or combined resolution processes in varying gender, race, and cultural contexts. International and multi-party dispute resolution. These important, high-interest contexts and applications are thoroughly covered in discrete chapters. Readings balance theory and theory-in-use. Readings include cases, behaviorally and critically based articles, examples, empirical studies, and relevant statutory and other regulatory material to illuminate the challenge of balancing rules and laws with the economic and emotional constraints inherent in disputes. Challenging, relevant readings. The text includes a wide range of perspectives, from Fisher, Ury, and Patton’s Getting to Yes, Raiffa’s Art and Science of Negotiation, and materials on modern deliberative democracy, group facilitation and decision making, counseling clients about uses of ADR, enforcement of negotiation, and mediation agreements. Key cases include AT&T v. Concepcion and other recent Supreme court cases on arbitration. Teaching materials include: Numerous role-plays and simulations for skills development Suggested teaching exercises, syllabi and “answers” to problem boxes found in text Recommendations for supplemental materials, such as videos and transcripts Examination and paper suggestions for each chapter

Author: Peter T. Coleman
Publisher: John Wiley & Sons
ISBN: 1118526864
Category : Business & Economics
Languages : en
Pages : 1268

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Book Description
Praise for The Handbook of Conflict Resolution "This handbook is a classic. It helps connect the research of academia to the practical realities of peacemaking and peacebuilding like no other. It is both comprehensive and deeply informed on topics vital to the field like power, gender, cooperation, emotion, and trust. It now sits prominently on my bookshelf." —Leymah Gbowee, Nobel Peace Prize Laureate "The Handbook of Conflict Resolution offers an astonishing array of insightful articles on theory and practice by leading scholars and practitioners. Students, professors, and professionals alike can learn a great deal from studying this Handbook." —William Ury, Director, Global Negotiation Project, Harvard University; coauthor, Getting to Yes and author, The Third Side "Morton Deutsch, Peter Coleman, and Eric Marcus put together a handbook that will be helpful to many. I hope the book will reach well beyond North America to contribute to the growing worldwide interest in the constructive resolution of conflict. This book offers instructive ways to make this commitment a reality." —George J. Mitchell, Former majority leader of the United States Senate; former chairman of the Peace Negotiations in Northern Ireland and the International Fact-Finding Committee on Violence in the Middle East; chairman of the board, Walt Disney Company; senior fellow at the School of International and Public Affairs, Columbia University "Let's be honest. This book is just too big to carry around in your hand. But that's because it is loaded with the most critical essays linking the theory and practice of conflict resolution. The Handbook of Conflict Resolution is heavy on content and should be a well-referenced resource on the desk of every mediator—as it is on mine." —Johnston Barkat, Assistant Secretary-General, Ombudsman and Mediation Services, United Nations

Author: Carrie J Menkel-Meadow
Publisher: Aspen Publishing
ISBN: 1543801692
Category : Law
Languages : en
Pages : 624

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Book Description
A distinguished team of leaders in the field of dispute resolution offers a thorough treatment of negotiation skills, ethics, and problem-solving techniques. Comprehensive and current, Negotiation: Processes for Problem Solving covers the theory, skills, ethical issues, and legal and policy analyses relevant to all key areas of negotiation practice. Carefully selected cases are supported by key readings, from critical articles and empirical studies to statutes and regulations. Negotiation: Processes for Problem Solving looks at the latest interdisciplinary approaches to negotiation, including new empirical studies examining on-line negotiation, social and cognitive psychology, gender, race, culture and negotiation, and multiple party negotiation. An introduction to facilitated negotiation (mediation and meeting facilitation) is also included. New research is distilled for use by law students and practicing lawyers. New and complex examples from international negotiation problems come from both private and public environments. The book also explores new forms of complex negotiation in international, multi-party and diverse settings and considers negotiators as problem-solving lawyers. The text is perfectly suited to free standing negotiation courses in American and foreign law schools. Problem boxes, set off in the book, make for easy classroom exercises and teaching. New to the Third Edition: Online and other media forms of negotiation New articles from both research and practice books Shorter excerpts for distilled treatment of issues Comprehensive treatment of negotiation preparation, including client interviewing and counseling Analysis of choice of negotiation approaches to match particular contexts Professors and students will benefit from: A thorough treatment of negotiation skills, ethics, and problem-solving techniques Theory and different frameworks for analyzing negotiation contexts Legal and policy analyses relevant to all key areas of negotiation practice Carefully selected cases and problem sets supported by key readings, from critical articles and empirical studies to statutes and regulations Latest interdisciplinary approaches to negotiation Negotiation research distilled for law students and practicing lawyers Deep discussion of negotiators as problem-solving lawyers Complex examples from international negotiation problems in both private and public environments new forms and facilitation of complex negotiation in international, multi-party, and diverse settings

Author: Carrie Menkel-Meadow
Publisher: Oxford University Press
ISBN: 0198851405
Category : Political Science
Languages : en
Pages : 193

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Book Description
Very Short Introductions: Brilliant, Sharp, Inspiring Everyone negotiates. Whenever any person, company, or country needs someone else to accomplish something, they must negotiate. Negotiation is essential for peace and international relations, but also for economically efficient trades and bargains in business, and for problem solving skills in workplaces, families, and interpersonal interactions. This Very Short Introduction provides a comprehensive and accessible review of both conceptual and behavioural approaches to the human process of negotiation. Carrie Menkel-Meadow draws on research in constituent fields of human psychology, diplomacy, law, business, anthropology, game theory, decision making, international relations, sociology, public policy, and economics, suggesting models for creative problem solving to often intractable problems. Considering that most people are tense and frightened of what they perceive to be scarce resource confrontations with opponents and competitors, Menkel-Meadow offers different ways to plan for and approach others to solve human problems and seek solutions that satisfy both parties. Alongside this, Menkel-Meadow summarises recent research on the variations of human behaviour, providing vivid examples from history and current affairs to solve some of the most difficult problems. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Author: Carrie J. Menkel-Meadow
Publisher: Aspen Publishing
ISBN: 1543820972
Category : Law
Languages : en
Pages : 668

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Book Description
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Mediation: Practice, Policy, and Ethicsprovides a comprehensive and current introduction to the world of mediation, including an overview of conflict, perspectives on justice, and dispute resolution processes to handle disputes in a variety of contexts. The book has chapters on negotiation theory and practice, as well as law and policy, case examples, and practice guidelines for mediators and attorney representatives. Leading scholars and award-winning teachers in the field present descriptions of the various forms mediation takes and mediation’s place in the panoply of dispute resolution processes. Both critiques of mediation and descriptions of its promise and potential are included. Chapters on advising clients on process choice, dispute process design, international and complex mediation, facilitation, and hybrid processes are also offered. The practical, problem-solving approach includes both analytical and behavioral approaches in varying gender, race, and cultural contexts. The text can be used for lawyer-mediators, lawyer-representatives in mediation, and non-lawyer mediators. New to the Third Edition: Streamlined text designed to be more student-friendly New updates to time-tested problems and cases have to keep the book up-to-date Professors and students will benefit from: Comprehensive current coverage of mediation including: Law and policy, case examples, and practice guidelines for mediators and attorney representatives Authors that are leading and award-winning scholars, teachers, and practitioners in this area Clear presentation of the advantages of mediation as well as critiques and concerns A practical, problem-solving approach that includes: Both analytical and behavioral approaches Varying gender, race, and cultural contexts Key excerpts from some of the most renowned scholars in the field Text that is applicable across the field of mediation with coverage of: Lawyer-mediators Lawyer-representatives in mediation Non-lawyer mediators

Author: Carrie Menkel-Meadow
Publisher: Routledge
ISBN: 1351936077
Category : Law
Languages : en
Pages : 437

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Book Description
This volume brings together leading research articles in to the theory, research findings and applications of modern dispute resolution. The articles relate to a wide variety of settings and cover the primary processes of negotiation, mediation and arbitration, as well as exploring combinations and hybridization of those processes. Also included are articles on the search for 'value-added' or 'pie-expanding' creative solutions; the choosing of strategies, based on game theory, economics and social and cognitive psychology; how foundational theories have been altered or modified, depending on contexts, and numbers of parties and issues; and what issues are raised by the 'privatization of justice'. The articles span both the 'science' and 'art' of dispute resolution, consider the relationship of peace to justice and include both empirical (descriptive) and normative (prescriptive) assessments of how these processes of dispute resolution function.

Author: Marian Roberts
Publisher: Bloomsbury Publishing
ISBN: 1137002999
Category : Social Science
Languages : en
Pages : 256

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Book Description
If you are in search of a concise yet authoritative overview of mediation as a process of dispute resolution, then you need look no further. Marian Roberts' A-Z of Mediation succinctly captures the concepts, applications, debates and critiques that are shaping this rapidly expanding field. Expertly organised into just over 80 entries, the book combines theory, research and practitioner experience to provide a wealth of insight and analysis. The book's unique A-Z format makes it an ideal point of reference. Numerous cross-references are in place to guide you through the material and highlight the field's connecting strands. The key classic and contemporary readings are also systematically signposted, topic by topic, drawn from an extensive multidisciplinary literature. Whether you are studying, training or already in practice, this book provides an invaluable source of clarity as well as a comprehensive map of the field.

Author: Ms Marian Roberts
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472406532
Category : Law
Languages : en
Pages : 353

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Book Description
This is the authoritative textbook on family mediation. It draws on a wide cross-disciplinary theoretical literature and on the author's extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. First published in 1988 as a pioneering work, this fourth edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations.